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Tag Archives: Contract

Prevailing party in coal shipping dispute entitled to relief (access required)

The prevailing party in a breach of contract case involving the shipping of coal is excused from future performance because of the defendant’s breach. But it was not entitled to rescission because the defendant partially performed and there was no ...

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Subcontractor’s $11M claim for computer work dismissed (access required)

The plain terms of the parties’ software migration contract defeat plaintiff’s claim that it is entitled to a minimum payment of $11.1 million. Defendant’s demurrer is sustained with prejudice. Background Agile Defense obtained a government contract to migrate U.S. Air ...

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Noncompete clauses too broad, violate public policy (access required)

Restrictive covenants in defendant doctors’ employment contracts with plaintiff cannot be enforced because they are too broad and violate public policy. Overview Plaintiff Metis Group was under contract with the U.S. Army to provide psychological services. Defendant doctors, Allison and ...

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Binding settlement reached at mediation (access required)

Where a homeowner previously agreed to settle her claims for fire damage, the settlement agreement was enforced despite her assertions that Nationwide made false or misleading statements or that the settlement violated her First Amendment rights. Nationwide’s attempt to dismiss ...

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